20051. Adulteration of tomato catsup.    U.S. v. 114 Cases of Tomato Catsup.
Consent decree of condemnation and destruction.     (F. & D. No. 27414. i 
I.S. No. 44901.    S. No. 5525.)
This case involved the shipment of a quantity of tomato catsup, samples of 
which were found to contain excessive mold.
On December 28, 1931, the United States attorney for the District of South 
Dakota, acting upon a report by the Secretary of Agriculture, filed in the Dis- 
trict Court of the United States for the district aforesaid a libel praying seizure 
and condemnation of 114 cases of tomato catsup, remaining in the original un- 
broken packages at Sioux Falls, S.Dak., alleging that the article had been 
shipped in interstate commerce, on or about November 3, 1931, by the Rocky 
Mountain Packing Corporation, from Ogden, Utah, to Sioux Falls, S.Dak., and 
charging adulteration in violation of the Food and Drugs Act. The article was 
labeled in part: (Can) "Western Club Brand Catsup * * * Packed for 
Sioux Falls Coffee & Spice Co., Sioux Falls, S.Dak."
It was alleged in the libel that the article was adulterated in that it con-   
listed in part of a decomposed vegetable substance unfit for human consumption.   ;
On August 26, 1932, the Rocky Mountain Packing Corporation, Ogden, Utah, 
having entered an appearance and having consented to the entry of a decree, 
judgment of condemnation was entered and it was ordered by the court that 
the product be destroyed by the United States marshal, and that costs be taxed 
against intervener.
R. G. TUGWELL, Acting Secretary of Agriculture.